Dear Mr Bagchi You can very well claim the gratuity. Attached herewith the decision of Madras High court, which is pretty clear on the issue. Rest all are the assumption based on personal opinions.
From India, Pune
Attached Files (Download Requires Membership)
File Type: pdf 13_13_gratuity_20_20madras_20hc_20judg_5b1_5d_1_[1].pdf (1.55 MB, 197 views)

Re gratuity act
1) he is eligible for gratuity due to he completed 240 days in 5th year
2) management cannot decide he is employee under industrial dispute act or not, you cannot write in an appointment letter that industrial disputes act is not applicable to him.
any appointment letter against law is null and void

From India, Mumbai
i have retired from central public sector enterprise in july 2007. i have received 3.5 lacs as gratuity. now based on dpe guidelines some enterprises implemented gratuity enhancement and paid balance amount keeping 10 lacs as ceiling. let me know whether i have to wait for the amndment of the act or to lodge claim for the balance amount
From India, Tiruchchirappalli
dear all, There is a latest judgement of madras high court stating that person having completed 4 years and 240 days is eligible for gratuity payment.
From India, Pune
Dear Expert,
I want to know whether I am eligible to get gratuity of not.
I had joined one public LTD company on 10th Jan 2014 and continue service and last working day was 24th Nov 2018.
Pls let me know whether I am eligible to get gratuity or not, under various sect or cases or any amendments done in law.
Yours advice will be valuable to me and I can claim gratuity to company...


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